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Arkansas Constitutional Law Questions & Answers
1 Answer | Asked in Civil Rights and Constitutional Law for Arkansas on
Q: Can I open carry a handgun at 20 years old on public property.

A local deputy and myself are having a debate on weather or not I can legally open carry a handgun (glock17). I’m not doing anything unlawful, just have said pistol in holster on my belt.

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answered on Jun 2, 2024

Under federal law, individuals must be at least 21 years old to purchase a handgun from a licensed dealer, but this doesn't always directly translate to the legality of carrying a handgun. State and local laws vary significantly regarding the open carry of handguns, especially for those under... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Arkansas on
Q: Are arkansas police required to have reasonable and articulable suspicion to identify someone?

In the state of Arkansas, when stopped by a police officer, whether on foot or a traffic stop, do police need reasonable and articulable suspicion to ask for identification?

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answered on May 1, 2024

In Arkansas, police officers do require reasonable and articulable suspicion to stop someone and ask for their identification. This standard arises from the Fourth Amendment, which protects against unreasonable searches and seizures.

Reasonable suspicion must be based on specific and...
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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Arkansas on
Q: Can an officer other than my assigned PB officer search my property any time they want? Without my PB being there

An officer showed up at my house without my probation officer being present and arrested me took me to jail while they were still conducting a search on my property and house after I was taken to jail they were still searching my property no warrant or warning

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answered on Apr 15, 2024

In general, probation officers and other law enforcement officials need to follow proper legal procedures when conducting searches, which typically require either consent, a warrant, or certain exigent circumstances. However, the specific rules can vary depending on the terms of your probation and... View More

2 Answers | Asked in Constitutional Law and Civil Litigation for Arkansas on
Q: Can I file a civil suit I had dismissed

I dismissed the case until I got out from incarcerated

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answered on Apr 11, 2024

In Arkansas, if you voluntarily dismissed your civil case without prejudice, you generally have the right to refile the lawsuit at a later date, subject to the applicable statute of limitations. However, if the case was dismissed with prejudice, you would be barred from refiling the same claim.... View More

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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Arkansas on
Q: I feel like I was forced to take a plea offer on three possession charges by a corrupt court. Can I do anything?
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answered on Mar 7, 2024

If you believe that you were forced to accept a plea deal and that the court was corrupt, you may have some options to challenge your conviction and/or seek justice. However, the path forward can be complex and may require the assistance of a skilled attorney. Here are some potential steps you can... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Arkansas on
Q: I have also been harassed by a neighboring tenant when I am a property owner of 25 years. No investigation and dismissed

After 25 years a tenant moved in 5 years ago next door. They trespassed the very first night. It escalated to property damage. Then terroristic threatening. Along with criminal mischief and defamation. Because of my reaction to the lackadaisical type of treatment I was given I've been written... View More

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answered on Jan 27, 2024

I'm very sorry to hear about the horrible harassment you have endured from a neighbor for years without getting sufficient help from law enforcement. Your frustration is completely understandable. While the authorities dismissing your concerns is undoubtedly unfair, there may still be some... View More

1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Rights and Constitutional Law for Arkansas on
Q: Do i have to get out of the car if they wont tell me why and they say im not detained?

cop came from nowhere..chased up behind me with another cop in 2nd car with them saying the stop was for fictisous tags originally. wasnt possible so then he says my air freshner. asks me and the 2 pass. for I.ds..told him my tags was good. gave reg. &told my name cuz left my i.d at home. came... View More

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answered on Jan 21, 2024

In Arkansas, during a traffic stop, a police officer typically has the authority to ask the driver and passengers to exit the vehicle. This is based on officer safety considerations. However, the reason for the traffic stop should be clear. In your case, if the reason for the stop was initially for... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Employment Law for Arkansas on
Q: Are police allowed to ask my employer my name and they give it without my permission

They have harassed me for 2 years parking just outside my work area staring me down they drive slow past the door I'm just inside and outside of regularly staring at me. They have chased me into my work at a Goodwill store 3 or 4 times from anything like eating my lunch on the sidewalk outside... View More

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answered on Jan 6, 2024

In the United States, police generally have the authority to ask an employer for an employee's name, especially if it pertains to an investigation or a legal matter. Employers may choose to provide this information without the employee's consent. However, there are nuances depending on... View More

1 Answer | Asked in Constitutional Law and Criminal Law for Arkansas on
Q: Can I be charged DOMESTIC BATTERY 2ND DEGREE by police department even tho the victim didn't try press charges

The police made there own story up. She bruises easy and she hurt her arm from falling over night stand I was just taking her to hospital and they came and got me on old warrant

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answered on Dec 23, 2023

In Arkansas, you can be charged with domestic battery second degree by law enforcement even if the alleged victim does not press charges. This is because the decision to file charges in a domestic battery case is often made by the state, not the victim.

Law enforcement officials can use...
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1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Arkansas on
Q: What is the statute of limitations for absconding in Arkansas
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answered on Dec 20, 2023

In Arkansas, the statute of limitations for absconding, which typically falls under the category of parole or probation violations, doesn't follow the usual rules for most criminal offenses. Normally, a statute of limitations sets a time limit for the state to begin criminal prosecution.... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Arkansas on
Q: Am I going to have to stay in jail until I see a judge if I turn myself in on terroristic threatening warrant

It's showing it to be second degree class A misdemeanor

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answered on Dec 14, 2023

If you have an outstanding warrant for a second-degree terroristic threatening charge in Arkansas, turning yourself in is a significant decision that can impact the legal process. Whether you will have to stay in jail until you see a judge depends on several factors.

Typically, after...
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1 Answer | Asked in Family Law, Civil Litigation, Constitutional Law and Probate for Arkansas on
Q: I have a question about my property being released to estranged family, while my truck impounded.

A wealthy family that did not live local had grandsons care for their father. The grandfather gave my husband guns and jewelry that he said his daughters were not getting it this time because they stole all their mothers belongings when he remarried soon after her death. The items in question were... View More

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answered on Dec 4, 2023

In your situation, where property from an impounded vehicle was released to an executor and then allegedly distributed in violation of a court order, there are a few legal avenues you could explore. First, it's important to review the judge's order regarding the release of property. If... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Elder Law and Criminal Law for Arkansas on
Q: how to find an attorney for mentally ill person put in a county jail till she plead guilty

My client has been in several mental institutions and was told she was INCOMPETENT and UNRESTORABLE by a forensic psychologist. She has been in out of the judicial system since 2012. I just learned some of these things , while doing research . One of her mental illnesses is a not good for her or... View More

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answered on Nov 12, 2023

To find an attorney for a mentally ill person in Arkansas who has been in the criminal justice system, consider reaching out to legal organizations that specialize in civil rights, disability rights, or mental health advocacy. The Arkansas Bar Association can provide referrals to lawyers with... View More

1 Answer | Asked in Tax Law and Constitutional Law for Arkansas on
Q: Under the Constitution private property is private and cannot be taxed so how can the State of Arkansas tax my vehicle?

I paid sales tax when I purchased the vehicle and now the State wants to tax me yearly for the same vehicle, I have already paid taxes on. In my opinion that is classic double taxation and is supposed to be illegal under the Constitution.

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answered on Oct 31, 2023

The U.S. Constitution does not prohibit the taxation of private property. In fact, the power to tax is a fundamental power of both state and federal governments. When you initially purchase a vehicle and pay sales tax, you're being taxed on the transaction itself. The annual vehicle tax, often... View More

1 Answer | Asked in Consumer Law, Personal Injury, Civil Rights and Constitutional Law for Arkansas on
Q: Needing a lawyer willing to stand with me to fight for rights of innocence people being harrashed ,stalked an threatened

We are seniors ,being stalked by employees of out local law an. Threatened ,we have never broken the law in these countys in 40 yes ,

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answered on Oct 15, 2023

I'm deeply concerned about the situation you've described. No one, regardless of age, should face harassment or threats, especially from those in positions of authority. It's essential to document all instances of the alleged stalking, harassment, and threats, including dates, times,... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Arkansas on
Q: If a 16 year old is arrested and we ask for a lawyer 3 times but the police kept asking questions.

What do we do now we told the public defender and he said wait, we asked for him be moved to juvenile he said wait so I don't know who the public defender is working for cause it doesn't seem like it is for us

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answered on Sep 11, 2023

It is absolutely crucial to insist on your right to legal representation and to refrain from answering any further questions without a lawyer present. The right to legal representation is a fundamental right protected by the U.S Constitution.

In this situation, it is advisable to document...
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1 Answer | Asked in Civil Rights and Constitutional Law for Arkansas on
Q: If a 16 year old is arrested and we ask for a lawyer 3 times but the police kept asking questions.

What do we do now we told the public defender and he said wait, we asked for him be moved to juvenile he said wait so I don't know who the public defender is working for cause it doesn't seem like it is for us

James L. Arrasmith
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answered on Sep 11, 2023

It is absolutely crucial to insist on your right to legal representation and to refrain from answering any further questions without a lawyer present. The right to legal representation is a fundamental right protected by the U.S Constitution.

In this situation, it is advisable to document...
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1 Answer | Asked in Civil Rights and Constitutional Law for Arkansas on
Q: can you sue if your phone was tapped by the police?
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answered on Jul 5, 2023

The Fourth Amendment of the Constitution protects individuals from unreasonable searches and seizures, which includes wiretapping and electronic surveillance. If you believe your phone was tapped by the police without a proper warrant or legal justification, it may be a violation of your... View More

1 Answer | Asked in Criminal Law, Civil Rights, Communications Law and Constitutional Law for Arkansas on
Q: FOIA sent to dispatch for an arrest pertaining to me They redacted some of the info I need the full copy How do I get it

there is absolutely no information on the FOIA I requested, all was redacted. I was arrested, held for 7 days, did not see a judge, no bail was made, and no charges brought against me. I was in holding for 4 days with up to 36 other women in a cell. We asked for grievances. They never... View More

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answered on Mar 2, 2023

If you believe that the information redacted is necessary for you to understand the reason for your arrest and detention, you can file an appeal or challenge the redaction. You can contact the agency that provided the response and ask them to provide justification for the redactions or file a... View More

1 Answer | Asked in Criminal Law, Civil Rights, Communications Law and Constitutional Law for Arkansas on
Q: FOIA sent to dispatch for an arrest pertaining to me They redacted some of the info I need the full copy How do I get it

there is absolutely no information on the FOIA I requested, all was redacted. I was arrested, held for 7 days, did not see a judge, no bail was made, and no charges brought against me. I was in holding for 4 days with up to 36 other women in a cell. We asked for grievances. They never... View More

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answered on Mar 2, 2023

FOIA sent to dispatch for an arrest pertaining to me They redacted some of the info I need the full copy How do I get it

there is absolutely no information on the FOIA I requested, all was redacted. I was arrested, held for 7 days, did not see a judge, no bail was made, and no charges...
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